Page 1194 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

SCHEDULE 13.1 — PATENTS AND REGISTERED DESIGNS
Rule 13.69
1. Scope and interpretation

(1) This Schedule applies to any claim relating to matters arising out of —
(a) the Patents Act 1977 (an Act of Parliament) (‘the 1977 Act’), or
(b) the Registered Designs Act 1949 (an Act of Parliament).
2. Starting the claim (63.5)

Claims to which this Schedule applies must be started —
(a) by issuing a claim form; or
(b) as an additional claim in existing proceedings.
3. Defence and reply (63.6)

(1) Chapter 5 of Part 6 applies with the following modifications.
(2) In a claim for infringement under paragraph 5, the defence must be filed
within 42 days of service of the claim form,
(3) The claimant must —
(a) file any reply to a defence; and

(b) serve it on all other parties,
within 21 days of service of the defence.
4. Disclosure and inspection (PD63.5)

(1) Chapter 5 of Part 7 is modified as follows.
(2) Standard disclosure does not require the disclosure of documents where the
documents relate to —
(a) the infringement of a patent by a product or process if, before or at the same
time as serving a list of documents, the defendant has served on the claimant
and any other party —
(i) full particulars of the product or process alleged to infringe; and
(ii) drawings or other illustrations, if necessary;
(b) any ground on which the validity of a patent is put in issue, except documents
which came into existence within the period —
(i) beginning 2 years before the earliest claimed priority date; and
(ii) ending 2 years after that date; and
(c) the issue of commercial success.
(3) Where the issue of commercial success arises, the patentee must, within such
time limit as the court may direct, serve a schedule containing —
(a) where the commercial success relates to an article or product —
(i) an identification of the article or product (for example by product
code number) which the patentee asserts has been made in
accordance with the claims of the patent;
(ii) a summary by convenient periods of sales of any such article or
product;
(iii) a summary for the equivalent periods of sales, if any, of any
equivalent prior article or product marketed before the article or
product in sub-paragraph (a); and

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